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José-Antonio Maurellet, SC

BA Jurisprudence (Law), University of Oxford (St. Edmund Hall) (1999)
PCLL, University of Hong Kong (2000)

“José is super smart and quick on his feet, he can see cases from different angles and devise innovative strategies and tactics, and his submissions are usually succinct and powerful.”

- Legal 500 Asia Pacific: Hong Kong Bar (2024)

Profile

Profile

José-Antonio Maurellet S.C. is a Hong Kong born Eurasian. He is an English, Cantonese and French native speaker. He also can speak some Mandarin.

José read law at St Edmund Hall, Oxford University.

He was called to the Hong Kong Bar in 2000 and to the Inner Bar in 2016. He was admitted in 2020 as a solicitor of the Eastern Caribbean Supreme Court, British Virgin Islands circuit. He is also a registered foreign lawyer with rights of audience in the Singapore International Commercial Court.

He has sat as a Deputy High Court Judge for periods between  2018 to 2021 , and since October 2021 has been appointed as a Recorder of the Court of First Instance.

José is an Associate Member of 3 Verulam Buildings in London.

He has advised and acted in numerous shareholder disputes, winding up petitions, and applications arising out of liquidations of companies (for example applications for provisional liquidators, receivers, validation orders, private examinations, unfair preference proceedings). He is a member of the International Insolvency Institute.  He has also dealt with director disqualification proceedings commenced by the Official Receiver as well as the SFC.

He has appeared in cases arising out of

– corporate insolvency (including winding petitions) or restructuring related to or arising from: China Evergrande Group , China Huiyuan Juice Group, Peking University Founder Group, Tsinghua Unigroup Co Ltd , Fantasia Investment Holdings, Hsin Chong Construction Company Ltd, China Solar Energy Holdings, HNA Group Co Ltd, CW Advanced Technologies Ltd and China City Construction Co Ltd, Hua Han Health Holdings , Grand China Shipping HK Co Ltd, MF Global HK Holdings Ltd, China Medical Technologies Inc, Trinity Management Services Ltd, Reignwood International Investment group Ltd , Re HK Airlines Ltd, Dangdai International Investments Ltd , Ming Yuen Ltd (a subsidiary of Logan Group Co Ltd)

– in disputes involving shareholders or directors involving for example Convoy Global Holdings, China Shanshui Cement Group Ltd, The Bank of East Asia, Hong Kong Airlines Ltd, Pacific Bulk Investment Ltd and Ping An Securities Group Holdings

He also appeared in schemes involving:

– Privatisations ( re Mason Group Holdings Limited  , Re Rivera Holdings Ltd, Re SHK HK Industries Ltd, Re Joyce Boutique Group Ltd, Re China Agri-industries Holdings Ltd, Re Dah Chong Hong Holdings Ltd, Re China Power Clean Energy Development Company, Re HAECO, Re eContext and Re Wheelock Properties) as well as

– Creditor schemes (Re China Evergrande Group, E-House (China) Enterprise Holdings Ltd , Kaisa Group Holdings, Mongolia Mining Corporation and Z-Obee Holdings, Re Century Sun Intl Ltd, Re NewOcean Energy Holdings Ltd,  Re Tai Kam Construction Engineering, Re UDL Holdings Ltd)

He regularly acts in disputes arising from banking/financial services, in particular alleged mis-selling of financial products.

He has previously acted for the Securities and Futures Commission as well as the Listing Division of the Stock Exchange of Hong Kong. He has appeared before the Listing Appeals Committee , the Takeovers and Mergers Panel as well as the Securities and Futures Appeal Tribunal.

Mr. Maurellet is a member of the HKIAC Panel of Arbitrators and the Panel for Financial Services Disputes; as well as the HKIAC Panel of Emergency Arbitrators. He currently is a Council member of the Hong Kong International Arbitration Center as well as a former member of its Appointments Committee.

He is also on the Panel of Arbitrators of the Singapore International Arbitration Center.

He regularly appears as counsel in arbitrations, and has acted in Court related proceedings such as injunctions in aid of arbitral proceedings as well as applications for leave to enforce and leave to set aside arbitral awards. He also sits as an arbitrator from time to time both a  member of a panel of three or as chairman of the panel.

He is also a CEDR accredited mediator.

He was a Contributing Editor of the Hong Kong Civil Procedure (“the White Book”) from 2003 to 2018, is a Consultant Editor of the Hong Kong Law Reports and Digest and is also a Contributing Editor of “Company Law in Hong Kong.”

Selected Cases

Company and Insolvency

  • Re China Evergrande v Triumph Roc Intl Ltd [2024] 1 HKC 48 (stay of arbitral proceedings under S.181 of Companies Ordinance, relevant considerations)
  •  Re Guy Kwok Hung Lam [2023] 5 HKLRD 463 & [2024] 1 HKC 16 (costs re breach of exclusive jurisdiction clause, who to bear costs of trustees if appeal successful)
  • Re Guy Lam (2023) 26 HKCFAR 119 & [2023] 4 HKC 93  (bankruptcy and relevance of exclusive jurisdiction clause)
  • Nuoxi Capital Ltd  v Peking University Founder Group Co Ltd [2022] 5 HKLRD 837 (leave to adduce evidence on appeal, stay, exclusive jurisdiction clause in the context of “keepwell” bonds)
  • Re Guy Lam [2022] 4 HKLRD 793 & [2022] 6 HKC 534 (bankruptcy petition, jurisdiction, relevance of exclusive jurisdiction clause)
  • Brandon Liu v Liu Ju Ching & anon  [2022] 2 HKLRD 790 & [2022] 4 HKC 505 (principles regarding striking out of winding up prayer)
  • Nuoxi Capital v Peking University Founder Group [2022] 2 HKC 1 (stay of proceedings sought by insolvent company out of the jurisdiction, exclusive jurisdiction clause, letter of request)
  • Re Trinity (Management Services ) [2021] 2 HKCLC  1099 (winding up petition , factors regarding when adjournment appropriate )
  • Re China Trends Holdings Ltd v Stock Exchange of Hong Kong [2021] 2 HKCLC 1303 judicial review regarding delisting )
  • Chau Cheok Wah v CT Environmental Group Ltd [2021] 2 HKCLC 1423 ( principles re appointment of provisional liquidators)
  • Re China Shanshui Cement Group [2021] 1 HKCLC 541 (principles re interim fees for receivers )
  • Re Hsin Chong Construction Ltd [2021] 5 HKLRD 489 ( winding up, proof of debt, whether liquidated and relevance of unliquidated cross claim/set off)
  • Official Receiver v Wong Ping Kuen [2021] 5 HKC 263 (director disqualification, Carecraft procedure, leave to be concerned in the management)
  • Wang Peng Ying v Ng Wing Fai & Anon [2021] 1 HKLRD 997 & [2021] 4 HKC 1 (common law derivative action, meaning of ‘wrongdoer in control’ and ‘fraud on minority’)
  • Re Huiyuan Juice Group Ltd [2021] 1 HKLRD 255 & [2021] 1 HKC 387 (winding up of offshore incorporated company listed on the Hong Kong stock exchange without direct HK subsidiaries or assets, whether sufficient connection and whether there is sufficient benefit to wind up)
  • Kwok Hiu Kwan v Johnny Chen & Anon [2021] 4 HKC 167 (on appeal from [2020] 3 HKC 403) (decision of chairman of shareholder meeting’s, whether reviewable and construction of articles)
  • Re ACE International [2020] 2 HKLRD 508 (winding up of solvent foreign incorporated company, relevance of availability of remedies in place of incorporation)
  • Fountain II ltd v Ping An & Anon [2020] 1 HKLRD 429 (unfair prejudice injunction to restrain rights issue based on improper purpose and ‘Wednesbury’ grounds)
  • Re China Power Clean Energy Development Co Ltd [2019] HKCLC 797 (privatisation scheme, relevance of ownership of the State owned Assets Supervision and Administration Council)
  • Re Haw Par Pharmaceuticals [2019] HKCLC 765 (appointment of provisional liquidators by contributory, issue of locus)
  • Kwok Hiu Kwan v Johnny Chen& Convoy Global Holdings [2018] 6 HKC 394 (Chairman’s power to rule on objection for voting purpose under the articles, meaning of ‘final and conclusive’)
  • Re Wah Nam Group Ltd [2017] HKCLC  (reflective loss, time bar)
  • Re Mongolian Mining Corporation [2018] 5 HKLRD 48 & [201] HKCLC 349 (scheme of arrangement of Cayman company with shares listed in Hong Kong)
  • Re Bank of East Asia Ltd (no2) [2018] 4 HKLRD 427 (leave to publish points of defence in proceedings involving a publicly listed bank)
  • Re Bank of East Asia Ltd (No1) [2018] 4 HKLRD 396 & [2018] HKCLC 321 (discovery in the context of unfair prejudice petitions)
  • Re CW Advanced Technology [2018] 3 HKLRD 552 & [2018] HKCLC 261 (appointment and powers of provisional liquidators, discussion on legal effects of Singapore Moratorium)
  • Re Bank of East Asia [2018] HKCLC 211 (striking out of petition based on allegation of improper purpose)
  • Re China Solar Energy Holdings [2018] 2 HKLRD 338 & [2018] HKCLC 135 (provisional liquidation, whether listed status an asset and role of restructuring)
  • Re JV Fitness [2018] 1 HKLRD 553 & [2017] HKCLC 289 (regulating order, importance of duty of disclosure for appointment as liquidator)
  • Re Convoy Global [2018] HKCLC 181(injunction to restrain company from implementing decision of its board)
  • Re Petrocom Energy [2018] 1 HKLRD 1 & [2017] HKCLC 233 (permanent stay of winding up, relevance of form of undertaking)
  • Re Z Obee Holdings Ltd [2018] 1 HKLRD 165 & [2017] HKCLC 253 (cross border scheme of arrangement of company listed in Hong Kong, issue of who has locus to be proper applicant)
  • Re Jessop & Baird [2017] 5 HKLRD 314 & [2017] HKCLC 223 (application for receivers, relevance of a buy out being sought)
  • Re China Solar Energy Holdings Ltd [2017] 2 HKLRD 1074 (role of provisional liquidator, approval of documents relating to restructuring)
  • Re Kaisa Group Holdings [2017] 1 HKLRD 18  & [2016] CLC 355 (cross border scheme, whether sufficient connection to the jurisdiction, effect of ‘consent fee’ on classes)
  • Re AGI Logistics [2016] 5 HKLRD 737 & [2017] 2 HKC 51 & [2016] HKCLC 503 (HK approach to post winding up petition payments from a company’s Bank , whether a “disposition”)
  • Re Joint Silver [2016] HKCLC 595 (whether to order compulsory winding up when voluntary winding up)
  • Re Lucky Resources [2016] 4 HKLRD 301 & [2016] HKCLC 397 (winding up on the basis of arbitral award with no leave to enforce obtained)
  • Re G Limited [2016] 1 HKLRD 167 (parallel petitions, assistance to and recognition of foreign liquidators)
  • Re Cheung Siu Kin [2015] 5 HKLRD 923 (transaction at undervalue / unfair preference)
  • Re First China Financial Network Holdings Ltd [2015] 5 HKLRD 530 (S.214(2)(d) of the Securities and Futures Ordinance disqualification of director)
  • Re Bank of East Asia [2015] 4 HKC 137 (Inspection of records under S.740 of the New Companies Ordinance, whether proper purpose)
  • MF Global (No 4) [2015] 2 HKLRD 325 & [2015] 2 HKC 424 (whether ad valorem duty payable by S. 193 PL’s continuing to act after a winding up order). Decision below reported at [2012] 5 HKLRD 486.
  • Securities and Futures Commission v Ernst & Young [2014] 3 HKC 406 (S.185 of the SFO, whether reasonable excuse, and legal impediments under PRC law)
  • Re China Medical Technologies Inc [2014] 2 HKLRD 997 (ancillary winding up of foreign company pursuant to S.327 of the Companies Ordinance, existence of the 3 core requirements)
  • Re Masterwise & Anon [2014] 1 HKLRD 1129 & [2014] HKCLC 69 (S.152FA, whether records of a subsidiary of a “specified corporation” covered, whether directors should pay costs of successful applicant)
  • Wong Ming Bun v Wong Ming Fan [2014] 1 HKLRD 1108 & [2014] 4 HKC 316 & [2014] HKCLC 51 (whether applicable law is that of the place of incorporation or rather the lex fori which governs whether a derivative action is available in Hong Kong)
  • Re Shiamas [2014] HKCLC 589 (winding up based on foreign judgment under appeal)
  • Re Pedagogic [2014] 1 HKLRD 613 & [2014] 2 HKC 388 & [2013] HKCLC 695 (stay of S.228A voluntary winding up)
  • Re Grand China [2013] 4 HKLRD 1 & [2013] HKCLC 687 (practice and procedure regarding adjournment of petitions)
  • Re Longmay International [2013] HKCLC 349 (winding up, liquidated damages)
  • Re Hub Global Freight Solutions (HK) Ltd [2013] HKCLC 407 (application for shareholders inspection)
  • Securities and Futures Commission v Ernst & Young [2013] 6 HKC 156 (Notices issued under S.183 of the Securities and Futures Ordinance, whether cross examination in the interests of justice)
  • Re Piper Jaffrey Securities [2013] 2 HKLRD 835 (how wound up brokerage should deal with unclaimed delisted shares)
  • Re SNE Engineering [2013] HKCLC 303 (winding up , relevance of cross claim)
  • Re Sumore Corporation [2013] 1 HKLRD 153 & [2012] HKCLC 787 (whether liquidators biased and whether removal justified)
  • AR Evans v Novel [2012] 4 HKLRD 511 & [2012] HKCLC 545 (statutory derivative action, whether specified corporation, scope of 168A proceedings v derivative proceedings)
  • Re Opes Asia Development Ltd [2012] 4 HKLRD I2 (inspection under the then S. 152 FA of the Companies Ordinance in the context of a listed company and need to be registered shareholder to have locus)
  • Re Gottinghen [2012] 3 HKLRD 453 & [2012] 3 HKC 299 & [2012] HKCLC 459 (principles on winding up of solvent unregistered foreign companies)
  • Re MF Global (No. 2) [2012] 3 HKLRD 56 & [2012] 4 HKC 333 & [2012] HKCLC 743(principles regarding interim payment of provisional liquidators fees, as well as their agents)
  • Eastman Chemical v Heyro Chemical Ltd [2012] 2 HKLRD 135 (injunction to restrain proceedings on the grounds of ongoing winding up petition)
  • Re Nam Tai Trading [2012] HKCLC 513 (adjournment of winding up)
  • Re Starbay International [2012] 1 HKLRD 508 & [2012] 1 HKC 274 & [2011] HKCLC 807(consequences upon a conversion from compulsory winding up to a creditors voluntary winding up)
  • Re Applied Development [2011] 5 HKLRD 241 & [2011] 5 HKC 361 & [2011] HKCLC 623, (application by shareholder for inspection of records of company pursuant to s 152 FA of the Companies Ordinance and whether it applies to subsidiary of company)
  • Official Receiver v Danvil Chan [2011] HKCLC 679 (director/liquidator disqualification proceedings)
  • Re Mandarin [2011] 3 HKC 215 & [2011] 2 HKLRD 1003 & [2011] HKCLC 241 (leave to convene meeting when allegation of quasi partnership/wrongdoing by majority)
  • RE M Kirpalani [2010] HKCLC 261 (striking out of winding up prayer)
  • Re Wheelock Properties [2010] 4 HKLRD 587 & [2010] 6 HKC 106 & [2010] HKCLC 303(privatisation scheme of listed company post PCCW decision)
  • Koide v Koide [2010] 4 HKLRD 121 * [2010] HKCLC 283 (injunction to restrain change of legal representative in WOFE)
  • Re UPT [2009] 5 HKLRD 740 (leave to appeal S.221 order out of time)
  • Official Receiver v Philip Tose & Anon [2009] HKCLC 135 (disqualification of director proceedings against Mr Andre Lee)
  • Chu v Tsang [2009] 5 HKLRD 105 (power of board used for improper purposes)
  • Yau v Italina [2009] 1 HKLRD 307 & [2008] HKCLC 465 (application by shareholder seeking consolidated accounts)
  • Re Lee Siu Fung [2009] 1 HKC 181 (striking out bankruptcy extension)
  • Re Peace Mark Production [2008] HKCLC 417(validation order application in the context of a group restructuring)
  • Re Sweetmart [2008] 2 HKC 252 & [2008] HKCLC 29 (unfair preference in winding up proceedings)
  • Re TS Wong [2008] 5 HKLRD 469 & [2008] HKCLC 333 (distribution order for insolvent brokerage)
  • Re UDL Holdings [2006] 3 HKLRD 84 (leave to modify Scheme of Arrangement)
  • Re F&S Express Ltd [2005] 4 HKLRD 743 (statutory derivative action)
  • Muir v Huge Returns [2005] 1 HKLRD 317 & [2004] 4 HKC 626 (injunction to restrain resolution based on shareholders agreement)
  • Re Kenworth [2005] 2 HKLRD 97 (construction of terms of scheme of arrangement)
  • Re Luen Yick Water [2005] 2 HKLRD E4 (appeal by liquidator of decision made by the committee of inspection)
  • Re Luen Cheong Tai [2004] 1 HKLRD 735 (validation order)
  • Re Wing Fai Construction Company Ltd [2004] 3 HKC 393 (S.221 examination order)

Commercial

  • Li Ming & Liu & Anon [2023] 3 HKC 484 (security for costs, relevance of ‘who is the attacker’)
  • Citi Intl v Tsinghua Unigroup Co [2022] 2 HKLRD 1225 (stay on the basis of forum non conveniens)
  • Convoy Collateral Ltd v Cho Kwai Chee & anon [2023] AC  389 & [2021] UKPC 24 & [2022] 1 All ER 289  ; appeal to the Privy Council from the Court of Appeal of the Eastern Caribbean Supreme Court (Whether Court has the power to authorise service on a defendant outside the jurisdiction of a claim form in which a freezing injunction is the only relief sought; and where the Court had  personal jurisdiction over a party, whether it has power to grant a freezing injunction against that party to assist enforcement through the court’s process of a foreign judgment)
  • Ding Huirong v China Times Securities Ltd & Anon [2021] 4 HKC 217 (clog on equity of redemption, whether transaction is a loan with a security arrangement or whether sale and repurchase arrangement)
  • S v G [2021] 3 HKC 272 (stay of enforcement of arbitration award)
  • Capital Wealth Holdings Ltd v Anon [2021] 1 HKLRD 159 (existence of arbitration clause, anti-suit injunction)
  • West Kowloon Cultural Authority v AIG [2020] BLR 485 (on demand bond , approach to construction )
  • Convoy Collateral v Roy Cho [2020] 6 HKC 81 (Mareva injunction, real risk of dissipation, relevance of delay)
  • Television Broadcasts Ltd v Persons unlawfully and willfully damaging any property [2020] 2 HKC 561 (quia timet injunction)
  • Chu Kong v Lau Wing Yan [2019] 1 HKLRD 589 (stay in favour of arbitration, relevance of derivative claim)
  • Garson Real Property (In Liq) v Ho Pui Fong [2018] 5 HKC 555 (injunction, ongoing duty of full and frank disclosure)
  • Paloma Co v Capxon Electronic [2018] 2 HKLRD 1424 (setting aside of Convention arbitral award)
  • Chang Pui Yin v Bank of Singapore [2017] 4 HKLRD 458 (CA) (application of Unconscionable Contracts Ordinance and Control of Exemption Clauses Ordinance to banking documents, reported below at [2016] 5 HKC 329)
  • Re Chau Cham Wong Patrick [2016] 2 HKLRD 278 (mareva injunction, effect of delay, whether real risk of dissipation shown)
  • John Li Kwok Heem v Standard Chartered Bank [2016] 1 HKC 535 (claim based on ‘mis-selling’ of Madoff related funds)
  • Re the Estate of Lim Por Yen [2016] 1 HKLRD 678 (discovery in the context of probate proceedings)
  • Re Estate of Kwok Wing Fai [2016] 1 HKC 364 (approach to testamentary intention, passing over)
  • Elco Holland v Airwell [2015] 5 HKC 375 (implied term by reason of business efficacy)
  • Chan Sang v Chan Kwok [2015] 3 HKLRD 131 (common intention constructive trust)
  • Koo v Commissioner of Inland Revenue [2014] 6 HKC 389 (proper scope of judicial review in challenge to additional assessment to tax)
  • Chiu Luen Public Light Bus v Persons Unlawfully Occupying [2014] 6 HKC 298 (injunction on basis of public nuisance arising out of ’occupy central’)
  • JSC Bank v Ablyazov [2014] 5 HKC 209 (when appropriate to make injunctive orders in aid of foreign proceedings under s.21M of the High Court Ordinance)
  • T v TS [2014] 4 HKLRD 772 & [2014] 6 HKC 247 (stay in favour of arbitration, whether arbitration clause ‘spent’)
  • Melco Crown v Wong Yam Tak [2014] 3 HKLRD 267 (irregular judgment in the context of substituted service)
  • Maeda Corporation v HKSAR [2014] 1 HKLRD 1 (leave to appeal arbitration award)
  • Wang v GEM Global [2013] 16 HKCFAR 785 (conditional leave to the Court of Final Appeal, whether to order payment into Court as condition)
  • Liu Wai Keung v Liu Wai Man [2013] 5 HKLRD 9 (whether constructive trust, whether S.20(1)(b) of the Limitation Ordinance applies)
  • Konwall Construction v Strong Progress [2013] 3 HKLRD 503 (approach to contractual interpretation and implied terms)
  • Re Loo Che Chin [2013] 2 HKLRD 739 & [2013] 6 HKC 303 (when an executor under a will can be passed over)
  • LaiJian Ping v ABN Amro [2013] 3 HKC 571 (relevance of mirror counterclaim for purpose of security for costs)
  • Tele-Art Inc. v Bank of China [2012] 5 HKLRD 399 & [2013] 2 HKC 203 (circumstances when mortgagee can withhold security for future costs)
  • R v F [2012] 5 HKLRD 279 (leave to set aside arbitral award)
  • Secretary for Justice v Carson Yeung [2012] 3 HKLRD 491 & [2012] 6 HKC 91 (Restraint Order: whether need for cap, relevance of full and frank disclosure)
  • Asia Pac v Shearman & Sterling [2012] 3 HKLRD 321 (whether assignment created new cause of action, effect on time bar)
  • Eastman v Heyro [2012] 3 HKLRD 307 (mareva injunction, whether real risk of dissipation and relevance of low standards of commercial morality)
  • AR Evans Capital Partners v Novel Alternative Investment [2012] 2 HKLRD 251 (meaning of “ordinary residence” for the purpose of security for costs)
  • Golden Garden Management Ltd. v Grand TG Gold Holdings Ltd. [2012] 1 HKLRD 934 & [2012] 3 HKC 228 (use of “on or before” in promissory note)
  • Francis Kwan v Hong Kong Exchange [2012] 1 HKLRD 546 (whether constructive dismissal/interpretation of terms of compromise)
  • Tele-Art Inc v Bank of China [2012] 1 HKLRD 484 (trial of preliminary issues involving interpretation of banking documents, basis of costs to be recovered and provision for future legal expenses)
  • Sim Kon Fah v JBPB [2011] 4 HKLRD 45 (injunction to restrain use of alleged confidential information stored in ex employer’s computer)
  • Cido v Woori Bank [2011] 4 HKC 430 (injunction by client to compel bank to comply with mandate)
  • Wang v Gem Global [2011] 3 HKLRD 785 (availability of market and mitigation)
  • Burberry v Polo Santa [2011] 3 HKC 466 (stay of civil proceedings on the ground pending criminal proceedings)
  • TND v Lau [2010] 5 HKLRD 330 (whether proper defendant to be representative of class)
  • OTC v Perfect Recovery [2009] 3 HKC 395 (interpretation of Transfer of Business Ordinance)
  • Yip v Wing Fai Construction Co Ltd [2009] 12 HKCFAR 800 (breach of directors duties)
  • Koo v Next Media [2009] 2 HKC 214 (offer/acceptance and unilateral contracts)
  • Dynasty Line v Lee [2009] 4 HKLRD 454 & [2009] 4 HKC 184 (service out of the jurisdiction)
  • Fubon Bank v First Prime Group Ltd & Ors [2009] 4 HKLRD 283 (interpleader)
  • Voce v Henley [2008] 5 HKLRD 429 & [2008] 6 HKC 1 (role of registered foreign lawyer)
  • ABN v Fortgang [2008] 2 HKLRD 349 (service out/submission to jurisdiction)
  • Hoi Sing v ITC Corporation Ltd [2008] 2 HKLRD 454 (strike out the action for want of prosecution/abuse of process)
  • RACP v Li Xiao Bo [2007] 2 HKLRD 331 & [2007] 3 HKC 1 (leave to directly enforce overseas a worldwide Mareva injunction order)
  • Chiu v Charter [2008] 3 HKC 245 (Small Claims Tribunal costs)

Professional Negligence

  • Chan Chi Ming v Brilliant Rise [2009] 4 HKC 458 (claim for costs against solicitor based on want of authority)
  • Jopard Holdings v Centaline Anon [2005] 1 HKLRD 317 (claim in negligence brought against estate agents)
  • Susan Field v BAL [2004] 3 HKLRD 871 (claim against investment adviser)

Memberships & Appointments

Arbitration related

  •   Member of the Panel of Arbitrators of Hong Kong International Arbitration Center (“HKIAC”)
  • Member of the Panel of Arbitrators of the Singapore International Arbitration Center
  • Member of the HKIAC Panel of Arbitrators for Financial Services Disputes
  • Member of the HKIAC Panel of Emergency Arbitrators
  • Member of the Panel of the  China International Economic and Trade Arbitration Commission (CIETAC)
  • Member of the Panel of the Shanghai International Arbitration Center
  • Member of the Panel of Arbitrators for the Shenzhen Court of International Arbitration
  • Xiamen International Financial Arbitration Centre, listed arbitrator
  • South China International Arbitration Center (HK), Recommended Panel of Arbitrators
  • Ebram International Online Dispute Resolution Centre, Panel of Arbitrators
  • Member of the Approved List of Arbitrators of the Chinese European Arbitration Center
  • Council member of the Hong Kong International Arbitration Center Panel of Arbitrators (“HKIAC”) (since October 2018)
  • Member of the Appointments Committee of the HKIAC (May 2017 to May 2020)

Statutory board/tribunal, advisory panels and other appointments

  • Member of Disciplinary Chair Committee of Securities and Futures Commission (since July 2022)
  • Member of the examining panel of  Higher Rights of Audience Assessment Board (March 2020-)
  • Member of the High Court Rules Committee (August 2018-)
  • Law Reform Commission, Access To Information sub-committee member (May 2013 – now)
  • Law Reform Commission, outcome-related fee arrangements for arbitration sub committee member (November 2019 – December 2021)
  • Member of the Independent Police Complaints Council (2016-2019)
  • Buildings Ordinance Appeals Tribunal, Chairman (2012 – 2018)
  • Member of the Board of Review (2011 – 2013)
  • Member of the Disciplinary Board Panel under the Lands Survey Ordinance (2007 – 2013)

Judicial appointments

  • Deputy District Judge (December 2012)
  • Deputy High Court Judge (for periods in  2018, 2019, 2020 and 2021)
  • Recorder of the Court of First Instance of the High Court (from October 2021)

Hong Kong Bar Association

  • Vice Chairman (2017-2019, three terms, 2022-)
  • Standing Committee on International Practice (past vice chairman)
  • Standing Committee on Practice Development (past chairman)
  • Standing Committee on Professional Development (past vice chairman)
  • Standing Committee on Bar Scholarship (member)
  • Committee on Financial and Securities Law (member)
  • Member of the Bar Council (2002-2003, 2010, 2011-2012)
  • Member, Barristers Qualification Examination – Panel on Company Law (2013-)

Academic

  • Hong Kong University, former External Examiner for the PCLL “Commercial Dispute Resolution” and “Corporate and Commercial Transactions I”

Publications / Lecture / Talks

  • Contributing Editor of Hong Kong Civil Procedure (“the White Book”) from 2003 to 2018
  • Consultant Editor of the Hong Kong Law Reports and Digest
  • Contributing Editor of “Company Law in Hong Kong”
  • Contributing Editor of “Commercial Litigation in Hong Kong” with joint responsibility for the chapter on mareva injunctions

Scholarships and Awards

  • Hong Kong Bar Scholarship (2000)

Specific Areas of Expertise

Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Bankers’ Duties, Financial Mis-selling, Conflict of Laws, Corporate Governance, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Restraint of Trade, Discovery, Injunction

Accolades

for José-Antonio Maurellet, SC

Jose-Antonio Maurellet SC was ranked by Chambers and Partners Greater China Region 2024 as Band 2 Silks in the field of Commercial Dispute Resolutions.

Chambers Review shared that “Jose-Antonio Maurellet SC maintains an impressively broad commercial dispute resolution practice, with a focus on company law matters, alleged malpractice in the financial services sector and cases involving distressed companies“.

Clients commented that “Jose remains the expert of the field. His advice is on-point and insightful.”, “He’s a pleasure to work with and very bright and very busy.”, “Jose is a very popular counsel who is quick and responsive.” and “He’s a super charismatic man who is excellent with clients and has a very good relationship with judges; he’s extremely good at reading judges“.

— Chambers & Partners: Greater China Region (2024)

José-Antonio Maurellet SC is accredited as a Leading Silk for Commercial Disputes.

‘José is super smart and quick on his feet, he can see cases from different angles and devise innovative strategies and tactics, and his submissions are usually succinct and powerful.’

— Legal 500 Asia Pacific: Hong Kong Bar (2024)

José-Antonio Maurellet SC has been ranked Band 2 for Commercial Dispute Resolution: The Bar.

Jose-Antonio Maurellet SC of Des Voeux Chambers maintains an impressively broad commercial dispute resolution practice, with a focus on company law matters, alleged malpractice in the financial services sector and cases involving distressed companies.

Source commend “Jose Maurellet is the one of the leading lights of the company, insolvency and restructuring Bar in Hong Kong. He is highly charismatic and his advocacy skills in courts are absolutely first-rate. He is able to tailor his arguments to fit the relevant member of the court. His oratory skills frequently focus the courts on the key issues that are relevant to the client’s case.”; “He’s a charming advocate and a great performer who has the ability to simplify complicated ideas and presents cases very capably.”; “Jose is sharp.”

— Chambers & Partners: Greater China Region (2023)

José-Antonio Maurellet SC is accredited as a Leading Silk for Commercial Disputes.

José-Antonio Maurellet SC was leading in the high-value and challenging case Industrial Bank. Co. Ltd v. Richcrown International Industries Ltd & Ors. The matter pertained to a high-value claim by a Chinese national bank, and a related action to set aside the share charge over the controlling stake of a Hong Kong Listco; it involved complex legal issues regarding the legality of the securities.‘

‘An effective advocate in court. He has the respect of the bench and he is able to make attractive submissions in simple language, and walk through the most complex legal principles with ease.’’

— Legal 500 Asia Pacific: HK Bar (2023)

Jose-Antonio Maurellet SC received the following recognition from Who’s Who Legal 2023 in the field of Commercial Litigation.
– Recommended Leader – Mainland China, Hong Kong & Macao 2023 – Commercial Litigation
– Future Leader – Non-partners – Commercial Litigation 2023

WWL says, “Jose-Antonio Maurellet SC focuses his litigation practice on shareholder disputes and corporate matters, with sources describing him as ‘a superstar silk who has charm and eloquence in abundance’”.

— Who's Who Legal (2023)

José is “universally highly thought of”  and is regarded as “a go-to silk for insolvency-related matters who has handled some of the leading cases at the Hong Kong Bar.”  He is lauded for his “first-rate advocacy,” ability to “formulate arguments very quickly and high level of user-friendliness.” He maintains an impressively broad commercial dispute resolution practice, with a focus on company law matters, alleged malpractice in the financial services sector and cases involving distressed companies.

— Chambers & Partners Greater China Region (2022)

José-Antonio Maurellet SC remains an associate member of London set 3 Verulam Buildings.

‘A great lateral thinker.’ He is acknowledged as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2022)

José-Antonio Maurellet, SC has been recognized by Who’s Who Legal as a “Future Leader” in the field of Commercial Litigation.

WWL Says: “José-Antonio Maurellet, SC enjoys a stellar reputation in the market as ‘an accomplished commercial litigator.”

WWL: Global Leaders 2022

José-Antonio Maurellet, SC has been recognized by Who’s Who Legal as a “National Leader” in the field of Commercial Litigation.

WWL: Mainland China & Hong Kong SAR 2022

— Who's Who Legal (2022)

José-Antonio Maurellet SC retains his reputation as a “very eloquent,” “very highly thought of and very sought after” senior counsel. He maintains a broad commercial dispute resolution practice, with a focus on company law matters and cases involving distressed companies. “You’re seeing him in some pretty high-profile and complex cases.” He is also described as “an advocate well respected by both his peer group and the Bench,” who has a “good understanding of all things financial and makes interesting points.” Whilst highlighting his expertise in insolvency and bankruptcy matters, he is accredited with “a very solid pedigree in the insolvency courts and is very familiar with recent decisions and how the law is evolving in that area.”

— Chambers & Partners Asia Pacific (2021)

“First port of call for insolvency and restructuring cases, and user-friendly too. José-Antonio Maurellet SC became an associate member of elite London set 3 Verulam Buildings in November 2020.” José-Antonio Maurellet SC  is acknowledged as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2021)

José-Antonio Maurellet SC is “a charismatic counsel with gravitas” and a “very smooth” approach to commercial disputes. (Commercial Litigation – Future Leaders – Non-Partners)

— Who's Who Legal (2021)

José-Antonio Maurellet SC is accredited for the first time in the Doyles Guide 2021 as a Recommended Silk for Employment Law

— Doyles Guide (2021)

More than one interviewee speaks of José-Antonio Maurellet SC of Des Voeux Chambers as being “in his prime” just now, sources variously describing him as “one of Hong Kong’s busiest junior silks” and a “very quick-witted, extremely effective advocate” who is particularly “good at making sure the court understands the main points and at coming up with incisive responses to questions from the Bench.” His broad commercial practice incorporates a notable emphasis on company, insolvency and bankruptcy issues, one source going so far as to call him “basically, the god of insolvency law in Hong Kong.”

— Chambers & Partners Asia Pacific (2020)

José-Antonio Maurellet SC of Des Voeux Chambers is variously characterised him as “one of the best operators at the Bar,” “a force of nature” and “the man to go to for company matters.” Sources are also quick to emphasise his communication skills, one pointing to his “ability to explain really complex issues in very plain language and with really clear examples,” another to his “way of getting a point across that establishes a dialogue and a natural rapport with the court.” He is also noted for his specific command of insolvency issues and was one of the counsel acting for the petitioning shareholder in the widely reported Re China Solar Energy Holdings High Court case.

— Chambers & Partners Asia Pacific (2019)

José-Antonio Maurellet SC of Des Voeux Chambers attracts extensive and highly positive feedback from sources who see him as a “fantastic, first-class advocate with a lot of commercial common sense” and a “rare combination of flair, wit, incisiveness and fairness.” Further praised as a “go-to silk for company insolvency matters” and as a “best in class” for client management skills, he lately acted for one of the parties affected by the Hong Kong takeover regulator’s investigation into Alibaba’s acquisition of CITIC 21CN.

— Chambers & Partners Asia Pacific (2018)

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